Post-verdict shipments lead to punitive damages and exceptional case finding
Trueposition Inc. v. Andrew Corporation, Civ. No. 05-747-SLR, April 30, 2009.
Robinson, J. Plaintiff’s motion for an accounting and entry of final judgment is granted. Plaintiff’s 60(b) motion for relief is granted. Defendant is required to remit additional infringement damages, pre- and post-judgment interest and punitive damages and fees and costs associated with these motions.
The technology at issue relates to Geometrix® Wireless Location System, a system for locating cellular telephones. On September 14, 2007 a jury found defendant willfully infringed the patent-in-suit. The court finds that defendant’s counsel falsely represented that phase 3 accused products had not shipped prior to trial and did not alert the court or plaintiff to a 6/16/08 shipment in breach of a duty to inform plaintiff of continuing and post-trial shipments. The lack of copying is the only Read factor which now tips against enhanced damages. The court find this case to be exceptional based upon defendant’s continued shipment of infringing products and the lack of condor forcing a post-trial discovery period which delayed plaintiff’s recovery. It awards attorneys fees and costs in connection with the motions at bar. Defendant is required to remit (1) $428,046 for additional phase 2 infringing products, (2) $9,626,707 in lost profits for all phase 3 systems, (3) prejudgment interest compounded quarterly at the prime rate, (4) post-judgment interest on the award and prejudgment interest at a rate equal to the weekly average 1-year constant maturity Treasury yield, (5) $9,626,707 in punitive damages, and (6) reasonable attorneys fees and costs to be determined.
